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<br />. <br /> <br />p'art of this project will be shared by Ramsey County, the City of Sboreview, and the City of Arden <br />Hills. The City of Shoreview shall have lead responsibility in operations and maintenance needs. <br />Operations and maintenance cost shares shall be commensurate with each agency's respective <br />contributing watershed areas, weighted to reflect an appropriate runoff coefficient for the type of <br />development and/or land use present. The estimated percentage cost shares are 15% County and 0% <br />City of Arden Hills, and 85% City of Shoreview shall be the basis for sharing cost. Actual cost <br />shares will be adjusted upon completion of detailed hydraulics modeling during final design. <br /> <br />8. Any utilities or facilities modified or added to those provisions presently made in the plans and <br />specifications may be incorporated in the construction contract by supplemental agreement and shall <br />be paid for as specified in the supplemental agreement. Design and construction engineering fees for <br />additions shall be negotiated at the time of supplemental agreement preparation. <br /> <br />9. The City shall reimburse the County for engineering costs incurred on its share of project design and <br />administration, as set forth in Exhibit A, as a preliminary engineering fee. Said fee shall be 12% of <br />item costs for which thc City is responsible for, as detennined at the time of contract award. The <br />preliminary engineering fee borne by the City on utility betterments shall be 2% of the estimated <br />construction costs as determined at the time of contract award. <br /> <br />. <br /> <br />10. The City shall reimburse the County for engineering cosls incurred on its share ofproject <br />construction, as set forth in Exhibit A, as a construction engineering fee. Said fee shall be 12% of <br />item costs for which the City is responsible for, as determined upon completion of the project, with <br />the exception ofthose items related to utility betterments. The construction engineering fee borne by <br />the City on utility bettermenls shall be 2% of construction costs, as determined by final contract <br />amounts. <br /> <br />11. Throughout project design and construction, the County shall prepare partial cost and payment <br />estimates for preliminary engineering fees, construction costs, and construction engineering fees and, <br />at appropriate intervals, notify thc City of its share of the costs for the City's i terns of work. City shall <br />pay its share of engineering fees and construction costs within twenty-one calendar days of receipt of <br />County invoice. <br /> <br />12. The City shall pay to the County all additional remaining costs for its share ofthe work upon <br />notification by the County of the final amounts due to the contractor. <br /> <br />13. All payments by the City shall be to the Treasmer of Ramsey County, Minnesota. <br /> <br />14. City and the County agree to indemnify each other and hold each other harmless from any and all <br />claims, causes of action, lawsuits, judgments, charges, demands, costs and expenses including, but <br />not limited to, interest involved therein and attorneys' fees and cosls and expenses connected <br />therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this <br />agreement or for damages caused to third parties as a result ofthe manner in which the City or the <br />County perform or fail to perfOlID duties imposed on each party by the terms of this agreement. <br />Nothing herein will constitule a waiver oflimitations of liability available at Minnesota Statute <br />Chapter 466 and other applicable law. <br /> <br />. <br /> <br />PW2004-04-3 <br />